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11 Cards in this Set
- Front
- Back
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CA -- Impleader equivalent
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Cross-Complaint
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CA -- Intervention equivalent
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Same as Fed
Absentee choices to join pending suit (as either Defendant or Plaintiff) Intervention of Right --> A's interest may be harmed if she is not joined and her interest is not adequately represented now Permissive Intervention --> A's claim or defense and the pending case have at least one issue in common |
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CA -- Interpleader equivalent
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Owner of property in question (stakeholder) in litigation forces all potential claimaints into a single lawsuit to avoid multiple litigation and inconsistency
Two types: 1) Rule 2) Statutory |
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CA -- Class Action Requirements
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1) Ascertainable class
2) Well-defined community of interests |
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CA -- Class Action "Well defined community of interests"
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WHETHER:
1) common questions predominate 2) Representative is adequate 3) Class will result in substantial benefit to the parties and the court |
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CA -- Class Action Classification
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Just one --> CLASS ACTION
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CA -- Class Action Notice
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Can be done by publication
Individual notice not required Court decides who will pay cost of notice |
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CA -- Class Action Right to Opt Out
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Those who do not are bound by the judgment
Opt out may be allowed by Court |
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CA -- Class Action Counsel
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Not appointed by Court
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CA -- Class Action Settlement or Dismissal
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Must be approved by Court
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CA -- Class Action Determining Ammount in Controversy
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Can aggregate individual claims
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